12 Colo. Code Regs. § 2509-6-7.500.2

Current through Register Vol. 47, No. 17, September 10, 2024

Section 12 CCR 2509-6-7.500.2 - ASSESSMENT OF FOSTER HOMES AND ADOPTIVE HOMES

A. The family assessment must be completed using the Structured Analysis Family Evaluation (SAFET) home study. The SAFET assessment must be completed by using all tools and processes required by the SAFET protocol. Persons completing the home studies must be qualified and must complete the required two (2) day SAFET training prior to completing the assessment. The SAFET assessment must be completed prior to certification of a foster parent or adoptive parent.

A SAFET refresher training is required every three (3) years from the date of the initial SAFET training received or previous refresher training. This includes home study practitioners and their supervisors.

1. The SAFET practitioner must conduct a minimum of one (1) joint interview with a couple or all applicants, one (1) individual interview with each adult member of the household, and an age/developmentally appropriate interview with each child/youth residing in the home. A minimum of two (2) interviews is required with a single applicant.

2. Interview Requirements

The original SAFET assessment must include the date, person interviewed, length of interview (hours and minutes), location of each interview, and must be documented in the SAFET assessment. If the certifying agency proposes having interviews conducted outside of the residence, an applicant must be consulted and be in agreement. the conversation must be documented in the SAFET assessment.

a. A minimum of two interviews must be completed in the applicant's home on separate days.

b. The second interview, and any subsequent interviews of the adults must not be completed until at least three (3) calendar days after the previous interview.

3. The SAFET practitioner must document the applicant's relationship with the county department of human/social services, including a discussion about the applicant's ability and willingness to work with the child welfare system, court, guardian ad litem (GAL), legal parent/legal custodian, and others in the child's/youth's life.

4. The signature page of the SAFET assessment must be signed and dated by the person completing the assessment and supervisor/designee. The applicant must sign the SAFET assessment/update section indicating the individual read and reviewed the final draft of the assessment. All signatures must be dated prior to or on the date of the issuance of the foster care home certificate.

5. The county department must complete a search of the Comprehensive Child Welfare Information System (CCWIS), Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and the Colorado court case management system at the State Judicial Department.

a. Prior to full certification of a foster care home, there shall be a review and documentation in the applicant's provider record:

1) A background check for each adult living in the home for the following:

a) Child abuse/neglect records check in every state where the adult has resided in the five (5) years immediately preceding the date of application for each adult (eighteen (18) years and older) living in the home.

b) A fingerprint-based criminal history record information check of CBI and FBI records:

i. A new FBI fingerprint-based criminal history information record must be completed every five (5) years from the original fingerprint date as required in Section 7.701.33.D.5.

c) A comparison search on the court case management system at the State Judicial Department, using the name and date of birth with available criminal history information for each adult eighteen (18) years and older living in the home. This search must be completed regardless of whether the CBI and FBI fingerprint history confirms or does not confirm a criminal history. These checks are valid for one year prior to certification.

d) The CBI sex offender registry and national sex offender public website (NSOPW) operated by the United States Department of Justice by:

i. Known names, nicknames, also known as (AKA), and addresses of each adult residing in the foster care home. Checks must be completed prior to each recertification.

ii. Address only of the foster care home, including a copy of the map from the respective database to confirm that the address of the foster care home has been checked.

iii. Sex offender checks must be completed prior to each recertification.

2) Complete SAFET reference letters with signatures;

3) Health information including a health assessment completed by a physician, doctor of osteopathic medicine, physician assistant, or a nurse practitioner for each individual living in the home;

4) The review of existing agency case records, including the CCWIS, for prior foster care home certifications or denials; and,

5) Assessments of any concerns raised from the application and/or other sources of information.

6) The results of the face-to-face interviews with all members of the household.

b. The Colorado Department of Human Services Original Application to care for Children and Youth expires one year from the date of applicant(s) signature(s) if the foster care home is not certified.

c. FBI fingerprint-based criminal history record information checks shall be initiated for all prospective foster and adoptive parents and each adult eighteen (18) years and older living in the foster care home. The FBI reports shall be made available to the county department of human/social services submitting the request for information.

1) Following review of FBI information, the findings may only be identified in the home study as eligible, not eligible, meets criteria, does not meet criteria, or inconclusive.

d. All CBI and FBI fingerprint-based criminal history record information reports, including court dispositions, if applicable, and results from the five-year child abuse and/or neglect checks shall remain confidential in the county department records.

e. A county department shall not place a child and/or youth in the foster care home if the foster parent or any adult eighteen (18) years of age or older who resides in the home:

1) Is a registered sex offender, or,

2) Has a finding of child abuse and/or neglect in the CCWIS or another state's child abuse and neglect registry, unless it is determined following a review of the finding that the placement is safe.

6. Kinship Foster Care

a. Assessment includes the applicant's ability to provide a permanent home through adoption, guardianship, or permanent custody. also included are the ability to meet the individualized needs of the specified child(ren)/youth, the relationship with birth parents/legal custodians and extended family members as it impacts the applicant's ability to care for the child(ren)/youth, and their ability to set boundaries with the birth parents/legal custodian to maintain safety for the child(ren)/youth.

b. Applicants are not prevented from fostering if they are not able to provide a permanent home. when completing the assessment. Section 7.708, Rules Regulating Foster Care Homes shall apply to all applicants.

7. When there is a significant change in the composition of the household, an update must be completed on the update template or written in a word document. The update must be completed within 45 calendar days from the date the county department becomes aware of the change. Expectations for time frames for completing background checks is located in 7.500.2 A.11.b.5. When the change occurs 45 calendar days or less from the expiration date of the certificate, the change may be addressed in the SAFET update. The addendum needs to be signed by all parties. these changes may include but are not limited to:

a. New individuals that are eighteen (18) years of age or older, living in the foster care home (including results of the background checks);

b. When a household member moves out of the foster care home;

c. The age, gender, gender identity, and/or special characteristics of the child(ren)/youth that will be considered for the foster care home has changed. A re-evaluation of the foster care home will be completed and the assessment revised;

d. New location of the foster care home;

e. Marital/domestic relationship; or,

f. Health issues, incapacitation, or death of a foster parent or household member.

8. SAFET Requirements When Certification Status Changes.

a. A full SAFET assessment is required when a foster care home was closed longer than 365 days.

b. When the foster care home was closed less than 365 days, a comprehensive update is required to identify new relevant information. All relevant domains and/or any gaps in content from the original home study and subsequent updates, as well as the completion of new update questionnaires, must be included.

1) When all historic SAFET documents, are not available, a full SAFET assessment must be completed.

9. Other Requirements

a. Assessment of the ability of the applicant(s) to foster and/or adopt a child/youth and to preserve continuity of the child's/youth's identity in a positive and affirming manner. Factors should include, but are not limited to, consideration of the child's/youth's sexual orientation, gender identity and expression, racial and ethnic identity, family, community, neighborhood, faith or religious beliefs, school activities, friends, and the child's/youth's and family's primary language.

Documentation of the assessment of this requirement shall be in the case file.

b. The application for foster care or adoption shall be denied for reasons listed in Section 7.500.312.D and may be denied for reasons listed in Section 7.500.312.E. If the applicant has ever been denied as a prospective foster and/or adoptive parent, the SAFET assessment must address the reason for the denial and any resolution of disagreements concerning the decision.

c. As part of the assessment, the agency must:

1) Complete a minimum of one joint face-to-face interview with a couple, one individual face-to-face interview with each adult member of the household, and, if applicable, one individual face-to-face interview with any person considering a second parent adoption of the child(ren)/youth, and an age/developmentally appropriate face-to-face interview with all children/youth residing in the home. For single applicants, a minimum of two interviews will be required.

2) Complete at least one face-to-face interview in the applicant's home.

3) Complete an on-site inspection for foster care homes to determine compliance with the Rules and Regulations for Foster Care Homes, Section 7.708 . Approval of local zoning, health, or fire departments must be documented in the foster care home file when the situation warrants.

4) Complete interviews over a period of not less than three (3) consecutive days.

5) Complete an annual SAFET update. This shall include at least one visit in the foster care home and a review of the current medical status. any child abuse/neglect assessments completed during the previous year shall be discussed with the applicant(s).

If the governor or local government declares a disaster or emergency, and because of the declared disaster or emergency the medical exams for the foster parent(s), other children, and other adults residing in the home cannot be completed for the child/youth in the required time frame, the medical exam(s) must be completed as soon as possible, but no later than 45 calendar days after the declared conclusion of the disaster or emergency.

d. The application and medical records must be reviewed; any issues that are identified will be discussed with the applicant. No physical examination shall be required of any person who in good faith relies upon spiritual means or prayer in the free exercise of religion to prevent or cure a disease unless there is a reason to believe the individual's physical condition is such that the person would be unable to care for a child/youth.

e. The county department shall not complete a foster care home or adoptive home assessment on a member of its own staff. The worker should check with the supervisor for county policies and procedures regarding completing assessments on county staff.

f. Water, if from any source other than a regular municipal water supply, shall be tested for compliance with water quality requirements.

g. A current photograph taken within one (1) year of the foster family shall be requested and maintained in the provider record.

h. Pursuant to Section 19-1-130, C.R.S., a service provider means the State Department of Human Services, a county department of human or social services, or a child placement agency. This includes a contractor or subcontractor that provides placement-related services on a service provider's behalf.

1) A service provider shall provide placement related services in a manner that is culturally responsive to the complex social identity of the individual receiving such services. complex social identities include but are not limited to race, ethnicity, nationality, age, religion, sex, sexual orientation, gender identity, gender expression, socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs.

None of these characteristics may be used to cause the delay or denial of an out-of-home placement of a child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.

2) The county department of human/social services must not deny any person the opportunity to become a foster or an adoptive parent solely on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the person or a member of the person's household; and,

a) Any denial to care for a specific child or youth that includes one of the factors above as the basis for the denial must be documented, must have a clear connection to the ability to meet the needs of the child/youth, and the denial to care must not be detrimental to the health or welfare of the child or youth; or,

3) The county department of human/social services must not delay or deny the placement of a child or youth for adoption or into foster care on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.

10. Additional Requirements

Based on the recommendation of the SAFET assessment practitioner and in conjunction with the applicant's completion of the SAFET Compatibility Inventory, list characteristics of child(ren)/youth that the foster parent(s) are approved to provide care and/or can best serve. These include but are not limited to age, race, sexual orientation, gender identity or expression, and specific needs (such as medical, physical, and emotional). Information obtained from the compatibility inventory must indicate competencies in parenting, their areas of interest, as well as training or coaching needed to increase skills. This must be in compliance with Section 7.500.2.A.9.h above. These characteristics must be discussed in the recommendations in the SAFET assessment. The information must be evaluated and summarized and attached to the SAFET questionnaires.

At a minimum, the SAFET Compatibility Inventory must be completed with each applicant at initial certification and then every other year thereafter. It is encouraged that someone with knowledge about the child/youth being considered for placement in a foster care home complete the child/youth inventory.

11. Assessment Update

a. If there are changes in the age and/or special characteristics of the child(ren)/youth that the county will consider for placement with the foster parent(s), a re-evaluation of the family will be completed and the assessment revised.

b. For any individual eighteen (18) years of age or older entering the home with the intent of residing in the home or providing care in the home, there shall be documentation in the provider record of a review of the following:

1) Child abuse or neglect records check in every state where the adult has resided in the previous five (5) years.

2) A fingerprint-based criminal history record information check completed for the CBI and FBI, and,

3) A comparison search in the court case management system at the State Judicial Department, Using the name and date of birth with available criminal history information. the purpose is to determine any crime(s) for which the adult residing in the home was arrested or convicted and the disposition. This search must be completed regardless of whether the CBI and FBI fingerprint history confirms or does not confirm a criminal history.

4) CBI sex offender and NSOPW sex offender checks, including known names, nicknames, AKAs, addresses, and a map of the location from the respective database to confirm that the address of the foster care home was checked.

5) If a new individual eighteen (18) years of age or older is visiting or living in the foster care or kinship foster care home and intends to stay thirty (30) consecutive days or longer, the following must be completed no later than the time frames listed below from the date the county department of human/social services learned that the adult was in the foster care home.

a) Within 24 hours, the county must complete CBI and NSOPW sex offender registry checks and document the information into the provider record in the CCWIS and foster care home record.

b) Within 24 hours, a Colorado child abuse/neglect check and a check in the State Judicial database must be completed and documented in the provider record in the CCWIS and the foster care home record.

c) Within seven (7) business days, the county must request child abuse and neglect records in all other states where the adult has resided in the past five (5) years. Document the requests in the provider record in the CCWIS. Document all responses in the CCWIS and foster care record.

d) Within thirty (30) calendar days, a CBI and FBI fingerprint based criminal history record check must be submitted. documentation, including the dates of the CBI and FBI checks, must be entered into the provider record in the CCWIS. Documentation must indicate the results were reviewed and the county department of human/social services did not have concerns. This may be a record of contact (ROC) note. The hard copy records must be located in the foster care home record.

12. At any time after the placement of a child/youth, the placing agency may review the SAFET assessment, updates, and all background checks of the foster parent except except the FBI criminal history record information report, unless the applicant authorizes it in writing.

13. County departments of human/social services are required to share approved adoptive home studies between counties if there is a child(ren)/youth whom the foster parent(s) wants to be considered for possible placement. The foster parent(s) shall make a request in writing providing the name of the county department or child placement agency, address, and name of the person who is to receive the home assessment, and appropriate documents. When the county department or child placement agency that completed the home assessment receives the written request, the written home assessment and appropriate documents shall be sent to the other county within five (5) working days at no cost to the foster parent(s). The county receiving the home assessment shall notify the foster parent(s) within five (5) working days that the county department has received the information.

The county department placing the child/youth for adoption will be responsible for post-placement supervision until the adoption is finalized, unless otherwise negotiated in the placement agreement between the county and the child placement agency.

14. A child placement agency shall share the SAFET assessment with the county department when a child placement agency foster parent wants to be considered for a possible adoptive placement.

a. The foster parent shall make a written request to the child placement agency, identifying the county department, and the name, and address of the county contact that is to receive the SAFET assessment and appropriate documents.

b. When the child placement agency receives the written request, the SAFET assessment and appropriate documents shall be sent to the identified county department within five (5) working days.

c. The county department receiving the SAFET assessment shall notify the prospective adoptive parent(s) within five (5) working days that the county department has received the information.

d. The county department placing the child/youth for adoption will be responsible for post-placement supervision until the adoption is finalized, unless otherwise negotiated in the placement agreement between the county and the child placement agency.

15. Post-Adoptive Services and Connections

The applicant's ability and willingness to assist with possible post-adoptive questions and concerns of the child/youth should be assessed, including, but not limited to:

a. Questions about the birth family;

b. Locating and obtaining non-identifying information about the birth family;

c. Search and possible reunification of the child/youth with the birth family; and,

d. Willingness to assist the child/youth who was adopted with counseling, if needed, regarding issues related to adoption.

12 CCR 2509-6-7.500.2

38 CR 19, October 10, 2015, effective 11/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

40 CR 17, September 10, 2017, effective 10/1/2017

43 CR 15, August 10, 2020, effective 9/1/2020

46 CR 11, June 10, 2023, effective 6/30/2023